Is giving false information to a police officer a felony

Missouri laws prohibit the act of knowingly giving false information to a police officer for any reasons, and the offense can lead to criminal charges. Giving false information is simply lying to the authorities. It could be a police officer, a prosecutor, a judge, or an emergency line operator. For instance, calling for the arrest of your wife or husband claiming that he or she physically assaulted you when he or she actually never did qualifies as giving false information. Under MO Rev Stat 575.080, is a person is guilty of providing false information if he or she knowingly:

  • Gives false statements to a law enforcement officer who is conducting an investigation with the intention of obstructing justice.
  • Provides false information to a law enforcement officer with the intention of implicating another person in an offense.
  • Provides false information to a police officer that a crime has been committed or is about to be committed.
  • Provides false information or causes false information to be made to a police officer or an officer dealing with emergencies that an incident requiring an emergency response has occurred or is about to occur.

There are specific elements that must be proven beyond a reasonable doubt for a person to be convicted of providing false information to a police officer in Missouri. These facts include:

  • The defendant purposely gave false information about the alleged commission of an offense and he or she knew the information was false.
  • The defendant provided false statements with the intention of obstructing justice.
  • The defendant should have reasonably known that the person whom they gave false information was a police officer.
  • The police officer was carrying out his or her lawful duties as per the law.

Typically, providing false information is a class B misdemeanor. If a person is found guilty after trial or pleads guilty, they could face a fine not exceeding $1000 and a jail term of up to 6 months. In some instances, Missouri courts may place the offender on probation with no jail time at all.

However, the penalty for giving lying to an officer in Missouri can vary depending on the defendant’s criminal history, the extent of damage caused by the lie, and the circumstances around the incident. In addition, the offense could result in civil suits if the report results in the damage of another person’s reputation, or where insurance interests are involved.
False reports which cause immense confusion, harm, and inconveniences could lead to felony charges. Besides, lying with the intention of covering another felony charge is considered a felony and could attract other charges. Missouri statutes consider felonies more serious crimes which are punishable by substantial fines and a prison sentence above one year.

However, if a person gives false information to an officer and retracts the information before the police officer took substantial action, that person won’t be deemed to have committed an offense.

A conviction of giving false information to a police officer in Missouri remains on the offender’s record permanently.

Some of the possible defenses for a defendant accused of giving the police false information are; (i) he or she did not make a false report; (ii) he or she believed the report was true at the time of making the report; or (iii) it was a case of mistaken identity.

If you are charged with giving false information, whether you did it intentionally or not, it’s advisable to speak to an attorney. While offenses involving false reports are serious cases, they can be handled successfully with the help of an attorney.

In many states, including Florida, Lying to a Police Officer who is conducting an investigation of a crime scene or potential crime scene is a criminal act for which the law provides a criminal punishment. Lying to a Police Officer occurs when a person knowingly provides a false statement to a law enforcement officer. If the police investigation is of a potential misdemeanor or regular felony charge, then the lie is a misdemeanor. If the police investigation is for a missing person, then the lie is a misdemeanor. If the police investigation is of a potential capital felony, then the lie is a felony of the third degree. To prove the criminal violation of False Reports of a Crime, the State Attorney must prove beyond a reasonable doubt that the criminal suspect willfully gave or said, or caused to be given or said, false information or a report about the alleged commission of a criminal offense under Florida law, that he or she knew the information or report was false because no such crime had actually been committed, that the information or report was given or said, or caused to be given or said to a law enforcement officer, and that he or she knew or should have known that the person to whom the information was given was a law enforcement officer. “Willfully” means intentionally, knowingly, and purposely. “Crime” means a felony or misdemeanor. “Felony” means any criminal offense punishable by death or imprisonment in a state penitentiary. “Misdemeanor” means any criminal offense punishable by imprisonment in a county correctional facility not in excess of one year. To prove the criminal offense of Giving False Information Concerning the Commission of a Crime, the State Attorney must prove beyond a reasonable doubt that the criminal suspect knowingly gave information about the alleged commission of a crime, that the criminal suspect knew the information was false, that the criminal suspect gave the false information to a law enforcement officer, that the person who was given the information was a law enforcement officer, and that the criminal suspect knew that the person was a law enforcement officer. The court will instruct the jury that the act committed was a criminal violation and that the person who received the false information was a law enforcement officer. To prove the criminal offense of Giving False Information Concerning the Commission of a Capital Felony, the State Attorney must prove beyond a reasonable doubt that the criminal suspect knowingly gave information about the alleged commission of a crime, that the criminal suspect knew the information was false, that the crime alleged was a capital felony, that the criminal suspect gave the false information to a law enforcement officer, that the person who received the false information was a law enforcement officer, and that the criminal suspect knew that the person to whom he or she gave the false information was a law enforcement officer. The court will instruct the jury that the act committed was a criminal violation and that the person who received the false information was a law enforcement officer.

Arrested for Lying to Police Officer

If you have been charged with Lying to a Police Officer in Miami, Fort Lauderdale, Broward County, or Miami Dade County, you should consult an experienced competent criminal defense attorney who can represent you in criminal court. Kenneth P. Hassett of Hassett and Associates, P.A. is a criminal defense attorney who represents clients in Miami, Fort Lauderdale, Broward County, Miami Dade County, and the rest of South Florida. Having a criminal defense lawyer to represent you in criminal court is advantageous, especially when charged with serious criminal offenses. Contact Hassett and Associates, P.A. for an immediate free consultation 24 hours per day seven days per week with a criminal defense attorney if you have been charged with these criminal offenses.

837.05 False reports to law enforcement authorities.

873.055 False information to law enforcement during investigation.

Disclaimer

The information on this page does not represent legal advice. Florida Statues obtained from Online Sunshine, www.leg.state.fl.us, the official site of the Florida Legislature. Because the law is continually changing, some of the provisions contained herein may be out of date. It is always wise to seek counsel from an experienced criminal attorney like Kenneth Hassett.

If you have been charged as an Accessory After the Fact or a Principal in the First Degree to a criminal offense in Broward or Miami-Dade County, call Criminal Defense Attorney Kenneth P. Hassett.

Is lying to a police officer a crime in Georgia?

A person convicted of giving a false statement to the police in Georgia will receive a fine up to $1,000 or prison between one and five years, or both.

Is lying to a police officer a crime in Texas?

What Can Happen to You if You're Convicted of Lying to the Police? If you're charged with providing false information to the police, or to a court official, you can be charged with a misdemeanor crime in Texas. You could go to jail or suffer other penalties for this behavior.

Is making a false statement a felony in Georgia?

What are the Penalties of Giving a False Statement to the Police? If you are found guilty of giving a false statement to a police officer in Georgia, you may receive a fine up to $1,000, a prison sentence between one and five years, or both. In Georgia, this is charged as a felony, not a misdemeanor.

Is giving false information to a police officer a felony in California?

USING A FALSE NAME OR USING SOMEONE ELSE'S IDENTITY: Knowingly giving a false name to police or using the identity of someone else on any police report, other official or financial report is a crime, a Felony under Penal Code Section 529 PC - Click here to read the section.

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